Judgement

R. N. BISWAL, J. :- Reference made under Section 366 of Cr. P.C. by Addl. Sessions Judge, Angul to confirm the death sentence passed in Criminal Trial (Sessions) No. 80 of 2005/8 of 2005 registered as DSREF No. 2 of 2007 and JCRLA No. 12 of 2007 preferred by the accused challenging the judgment and order of conviction and sentence, were heard together and disposed of by this common judgment.

2. Succinctly stated the prosecution case is that, on 11-9-2004 at about 3 p.m. accused Duryodhan Rout, on the pretext that the deceased, Subhasini a minor girl aged about 10 years would talk over phone with his brother, Bamodev Bhoi working at Bargarh from the house of Bijaya Bhoi of Village-Anandpur took her on a bicycle. When the evening set in, the accused alone returned to the village and on enquiry about Subhasini by P.W. 5, her father, he told that she had gone with a woman of Ranibandha to her house. On the next day, as she did not return P.W. 5 again questioned the accused regarding the whereabout of the deceased. The accused confessed in presence of Rabi Biswal (P.W. 3), Dasarathi Bhoi (P.W. 4) and Subashini Bhoi that he killed the deceased by pressing her neck. With the help